Secretary of State Marco Rubio claimed the feds can deport Mahmoud Khalil solely over his “antisemitic” beliefs, ahead of a Friday hearing in his immigration case.

An immigration judge's decision reinforces the constitutional argument against the law that the secretary of state is invoking.

Now, Secretary of State Marco Rubio has done so, in a two-page memo that says Khalil’s “beliefs” are at odds with U.S. foreign policy interests and that they alone are sufficient to justify his deportation. It does not allege any criminal behavior and instead implies that Khalil’s behavior and statements were “otherwise lawful.”